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Statutory Instruments

1992 No. 1202 (S. 115)

RATING AND VALUATION

WATER SUPPLY, SCOTLAND

The Water (Timetable) (Scotland) Regulations 1992

Made

12th May 1992

Laid before Parliament

3rd June 1992

Coming into force

24th June 1992

The Secretary of State, in exercise of the powers conferred upon him by the enactments set out in Schedule 1 to these Regulations and of all other powers enabling him in that behalf, and after consultation with such associations of local authorities as appear to him to be concerned, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Water (Timetable) (Scotland) Regulations 1992 and shall come into force on 24th June 1992.

Interpretation

2. In these Regulations-

"the 1947 Act" means the Local Government (Scotland) Act 1947((1));

"the 1973 Act" means the Local Government (Scotland) Act 1973((2));

"the 1980 Act" means the Water (Scotland) Act 1980((3));

"the 1992 Act" means the Local Government Finance Act 1992((4)).

Prescribed dates for certain purposes

3. For the purposes of each of the provisions specified in column 1 of Schedule 2 to these Regulations, there is prescribed, in relation to the financial year 1993-94 and each subsequent financial year, the date in the financial year immediately preceding each of those years which is specified opposite to that provision in column 2 of that Schedule.

Revocations

4. In Schedule 2 to the Non-Domestic Rates and Community Charges (Timetable) -(Scotland) Regulations 1987((5)), the entries relating to the following provisions are hereby -revoked:-

(a)section 216 of the 1947 Act; and

(b)sections 40(4), 41(1), 60 and 85 of the 1980 Act.

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

St. Andrew's House,

Edinburgh

12th May 1992

SCHEDULE 1ENACTMENTS CONFERRING POWER

Section 111(1)(c) of the 1973 Act, as read with-

(a)section 216 of the 1947 Act((6)); and

(b)sections 41(1), 60(2) and (3) and 85(2) and (3) of the 1980 Act((7)).

Sections 40(4) and 109(1) of the 1980 Act((8)).

Section 116(1) of, and paragraphs 2, 5, 9, 14, 19 and 26 of Schedule 11 to, the 1992 Act((9)).

Regulation 3

SCHEDULE 2

Column 1Column 2
ProvisionPrescribed date
Section 85(2) of the 1980 Act (date by which a water development board is to send requisitions to its contributing authorities).17th February
Section 216 of the 1947 Act (date by which a joint committee, joint board or river purification board is to send requisitions to its local authorities).24th February
Section 60(2) of the 1980 Act (date by which a water authority is send requisitions to its contributing authorities).24th February
Section 40(4) of the 1980 Act (date before which a local authority is to determine a non-domestic water rate).11th March
Section 41(1) of the 1980 Act (last date for a water authority to make a resolution with respect to fraction of net annual value according to which non-domestic water rate is levied).11th March
Paragraph 2 of Schedule 11 to the 1992 Act (date before which a local authority is to estimate and apportion expenditure on water services).11th March
Paragraph 5 of Schedule 11 to the 1992 Act (date before which a local authority is to determine the rate or rates of direct charges for water supplied by meter).11th March
Paragraph 9 of Schedule 11 to the 1992 Act (date before which a local authority is to set an amount of council water charge and determine the amount payable in respect of dwellings in different valuation bands).11th March
Paragraph 14 of Schedule 11 to the 1992 Act (date before which a local authority is to estimate and apportion expenditure on sewerage serviced).11th March
Paragraph 19 of Schedule 11 to the 1992 Act (date before which a local authority is to determine the amount of the non-domestic sewerage rate).11th March
Paragraph 26 of Schedule 11 to the 1992 Act (date before which a local authority is to prepare a tariff of charges relating to water and sewerage services).31st March

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe dates, in relation to the financial year 1993-94 and subsequent financial years, by or before which certain matters relating principally to water supply functions in Scotland require to be done for the purposes of various enactments.

Regulation 3 of, and Schedule 2 to, the Regulations prescribe, in relation to each of those financial years, a date in the immediately preceding financial year by or before which certain resolutions have to be sent, estimates, apportionments, determinations or resolutions made, or tariffs prepared. In particular, 11th March is prescribed as the date before which a local authority has to determine the amount of the council water charge, the non-domestic water rate and direct water charges for the following financial year.

Regulation 4 revokes (as superseded by these Regulations) certain provisions in the Non-Domestic Rates and Community Charges (Timetable) (Scotland) Regulations 1987.

(5)

S.I. 1987/2167, amended by S.I. 1989/2436.

(6)

Section 216 was amended by the 1973 Act, Schedule 9, paragraph 2, and applied to river purification boards by section 135(9) of that Act.

(7)

Section 41(1) was amended by the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47), Schedule 5, paragraph 30(a), and by the Local Government and Housing Act 1989 (c. 42), Schedule 6, paragraph 17(1)(a).

(8)

Section 40 was substituted by the Abolition of Domestic Rates Etc. (Scotland) Act 1987, Schedule 5, paragraph 29, and subsection (4) is amended by the 1992 Act, Schedule 11, paragraph 31(b); section 109(1) contains a definition of "prescribed" relevant to the exercise of the statutory powers in the 1980 Act under which these Regulations are made, which definition was amended by the 1992 Act, Schedule 11, paragraph 38(f).

(9)

Section 116(1) contains a definition of "prescribed" relevant to the exercise of the statutory powers in the 1992 Act under which these Regulations are made.


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URL: http://www.bailii.org/uk/legis/num_reg/1992/uksi_19921202_en.html